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Do I NEED to answer the Summons if I agree with it?

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    #1

    Do I NEED to answer the Summons if I agree with it?

    It's accurate and I'm not trying to save the home. Or is it necessary for me to show up and say, "Yep. It's accurate."?

    Could any bad "legal type" things happen If I don't show/answer or does it just move the ball ahead down the road further?
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    #2
    My experience: I just got my summons too, and my lawyer said to not "answer" it. This was not a notice of sale, just a big packet of papers hand delivered to me that said we are going to foreclose on your house. My chap 7 was discharged about a month ago and I included the house in the BK. Im in NY state.

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      #3
      Originally posted by jmc View Post
      It's accurate and I'm not trying to save the home. Or is it necessary for me to show up and say, "Yep. It's accurate."?

      Could any bad "legal type" things happen If I don't show/answer or does it just move the ball ahead down the road further?
      If you are giving up the place, and you agree, don't waste your time to be there. They simply will get a default Judgment and things go on as you have already planned. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        Do you agree with ALL of it? Usually at the end of the complaint they will throw in something like "And award attorney's fees, costs, interest and other expenses". If you don't answer it, you are deemed to have agreed to ALL of that.

        If it were me, if nothing else, I would deny some of those terms so that at least you have the negotiating power remaining. Then, later, you can structure the agreed judgment to say the things that you are actually agreeing to.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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          #5
          Originally posted by MSbklawyer View Post
          Usually at the end of the complaint they will throw in something like "And award attorney's fees, costs, interest and other expenses".
          That language is included. While I haven't done it yet, I will be filing BK in the next 60-90 days.

          Will I still be liable in some way for providing those fees separate from the foreclosure?

          If you need more information please let me know and thanks for the feedback.

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